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1978-03-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING OF March 15, 1978, at 7:30 p.m. I. CALL TO ORDER The Planning and Zoning Commission Meeting was called to order by the Chairman, Dan Busch, at 7:30 p. m. in the Borough Assembly Chambers. II. ROLL CALL PRESENT Phil Anderson Don Baker Dan Busch Gene Erwin John Pugh MINUTES Mr. Pugh moved to ( unanimous v IV. UNFINISHED BUSINESS ABSENT Ron Ball, excused Tony Perez, excused February 15, 1978. Mr. Baker seconded the Mr. Pugh moved that items "A" & "C" be moved town on the agenda , after the public hearings. Mr. Baker seconded the motion. Motion passed by unanimous roll call vote. 1) Item "A" rezone lots 12-18, Blk. 2 and Lots 9-16, Blk. 3 Allman Subd. from R-1 to Business (Bertha Pratt) and 2) Item "C" Comprehensive Plan. B. Rezone a portion of USS 2537 B, (Harbormaster building and parking lot area) from service recreational to business, City of Kodiak. A letter was received from the City Manager, stating that the City was withdrawing the application. Mr. Pugh moved to dismiss the application to rezone the portion of USS 2537 B owned by the City of Kodiak. Mr. Anderson seconded the motion. Motion passed by unanimous roll call vote. V. PUBLIC HEARINGS A. SUBDIVISIONS 1. Subdivision of Lot 4 B, Blk. 4 Bells Flats AK Subd. (Vincent D. Smith). Mr. Smith is requesting a subdivision of the above property into Lots 4B-1 and 4B-2 Chairman Busch opened the public hearing. IN FAVOR Mr. Vincent D. Smith, stated there is no well on the property, just a cistern system which would not be a problem with well pollution. The cistern was installed in October and has no problems. There is no septic system on the lot. The septic system would be 120' away from any existing wells that would be put in on the lot, and there is no stream nearby. There is a septic system on Lot 4B-2. The Chairman closed the public hearing and reopened the regular meeting. Mr. Pugh moved to ap rove the subdivision of Lot 4 B, Block 4, Bells Flats Ak. Subd. with the Staff's recommendations: 1 that Lot 4B-1 must meet minimum lot width require- ment of 120' as set forth in Section 17.12.030 A of the KIB Code of Ordinances, 2 that the location of an existing well and a se tic s stem b indicated on Lot 46-2, 3 that information as required under Section 16.16.O10 A be provided regarding streams, drainage, etc., 4 that a vicinit ma be shown on the plat showing Township and Range, 5 that a note be placed on the plat stating,_ "Any well shall be a least 100" away from a septic system, and a septic system shall be at least 100' awav from anv stream. Mr. Erwin seconded the motion. Motion passed 2. Subdivision of Lot 8, Blk. 7, Bells Flats AK Subd. (Laurel Peterson). The petitioner proposes to resubdivide into four (4) lots of approximately 1.1 acres each. The property is undeveloped and public water and sewer are not available. Staff in reviewing the proposed subdivision plat finds that it meets all the requirements. Staff recommends the plat be approved. Mr Pugh moved to approve the subdivision of Lot 8, Blk. 7, Bells Blats Ak Subdivision Laurel Peterson, per Staff recommendation. ►"' Mr. Anderson seconded the motion. Motion passed with unanimous roll call vote_ 3. Subdivision of Lot 15, Blk. 7, Bells Flats Ak Subd., John F. Strahle. The petitioner, Staff finds, has complied with the two stipulations required by the Commission at the time preliminary plat was approved; 1)that a vicinity map indicating township and range be shown on the map, 2) that it be noted on the plat that a well be at least 100' away from a septic system and that a septic system be at least 100' away from any streams or watercourses. Staff recommends this final plat be approved. The Chairman opened the public hearing. No one appeared to testify. Mr. Erwin moved to approve the subdivision of Lot 15, Blk. 7, Bells Flats Ak Subd., Der staff recommendation. Mr. Pugh seconded the motion. Motion passed with unan- KIBS273024 P'& Z COMMISSION MEETING March 15, 1978 Page 2 7 7 4. A Subdivision of Lot 16 A into two lots, Lots 16A-1 and 16A-2, Glenn C. Dick. The Chairman opened the public hearing. No one appeared to testify. Mr. Pugh moved to approve the subdivision of Lot 16 ,A, USS 3099, Glenn C. Dick with staff recommendations. Mr. Anderson seconded the motion. The Chairman read a letter from Louie J. & Beveraly Horn opposing, stating that the area is deterior- ating as a result of inadequate zoning enforcement, use ofseptic fields on under- sized lots, and number of trailer units being placed on these lots causing their loss of privacy and aesthetic value of property. The Borough Engineer replied to Mr. Anderson's question regarding the 20' easement by stating that it would be an access to the new lot and not a dedicated road. Motion failed 3-2. Casting NO vote: Mr. Anderson, Mr. Erwin and Mr. Pugh. 5. Vacation of Lots 14 A, 14 B, .& 14 C, Blk. 7 Bells Flats AK Subd. (Jeffrey Povelite and Chandler Fisheries, Inc.) Replat to Lots 14 A-1 and 14 C-1, Blk. 7 Bells Flats Ak Subd. (Jeffrey Povelite and Chandler Fisheries, Inc.) and Subdi- vision of Lot 14 D, Blk. 7, Bells Flats AK Subd. (Jeffery Povelite and Chandler Fisheries). The Borough Engineer in the staff report stated that the petitioners are requesting a vacation and replat of Lots 14A, B, and C into Lots 14A-1 and 14 C-1. In addition, Mr. Povelite is proposing a subdivision of Lot 14 A into 3 lots: Lots 14D-1, 14D-2 and 14D-3. The property is located in an unclassified zoning district. Staff recommended preliminary approval of the proposed vacation and replat and the subdivision with stipulations. The Chairman opened the public hearing. JEFF POVELITE. The petitioner, objected to dedicating public right-of-way. Mr. Milligan stated that the AK. Statutes require that all properties be provided with legal access. Following some discussion, Mr. Pugh moved to approve the vacation of Lot 14 A, 14 B and 14 C, Blk. 7, Bells Flats Ak Subd. and t2 prove the replat of those 'tots to Lots 1 A-1 and 1 C-1. Blk. 7, Bells Flats AK. Subd. and to approve the subdivision of Lots lu A, Blk. /, Bells Flats Ak. Subd. Mr. Anderson seconded the motion. Mr. Pugh amended the motion to read as follows: to approve the prelin- inary approval of the vacation of lots 14 A, 14 B, and 14 C, Blk 7, Bells Flats Ak. Subd., and to approve the replat of those lots to Lots 14 A-1 and 14 C-1, Blk. 7, Bells Fats AK Subd. and to approve the subdivision of Lot 14 D, Blk. 7 Bells Flats A Subd., contingent upon the Staff recommendations: the..60'access &,uti.lit ment be convertedinto a dedicated public right of way; 2 location of the present bui dings, lake and watercourses be indicated on theplat; 3 the names of recorde owners of adjoining properties be shown on the plat; 4 that a vicinity map at a legible scale s owing towns ip an range be included on the plat; 5 that the size of all lots included in this subdivision shall be subject to the approval of the State Sanitarian. Mr. Baker seconde t e motion. Piotion passed with unanimous roll call vote on the amended motion. Motion passed with unanimous roll call vote on the original motion. ease- 6. Vacation of portion of Tagura Road, USS 2538 B (Mrs. Roger Bryant). Petitioner submitted a request to vacate a portion of Tagura Road and replat the roadway consist - tent with its constructed configuration. The area to be vacated and replatted includes properties owned by individuals other than Mrs. Bryant. Staff recommends this request be denied as the application is not complete and would replat properties without the consent of the lawful owners. The Chairman opened the public hearing. ED KOZAK: Representing KEA. Asked why KEA had not been notified regarding possib- ility of a vacation in this area. Mr. Mulitalo replied that the utility companies were not contacted because the application did not meet requirements set forth. Therefore, Staff's reason for denying the application and application was not processed. Mr. Pugh moved to table this item to give the parties a chance to get the information_ together and submit a better application in a month or two. Mr. Mulitalo pointed out that according to AK. Statutes a plat has to be approved within 60 days. If there is no action taken the plat will be automatically approved. Staff prefers the request not be tabled. Motion died for a lack of a second. Mr. Anderson moved that we disapprove the application for a vacation of a portion of Taaura Road. adiarent to lot 17. Rlk. 34. Mr. Erwin seconded the motion. Motion unanimous roll ca B. OTHER Vacation of Lot 5, Tolbert Subd. and Lots 4, 5, a portion of Lot 6 and Lots 3 & 9, Blk.l, USS 2910; Replat to Lots 5 A and 6 A, Blk. 1 USS 2910. This case has been appealed to the City Council for the City of Kodiak seated as a Board of Adjustment. A more complete records is being prepared. KIBS213025 P & Z COMMISSION MEETING 3-15-73 PAGE 3 2. Special exception for natural extraction, Lots 1 & 2, Blk. 6, Miller Point Ak Subd. and Lots 1 & 2, Blk. 10 Miller Point, 1st Add. (John Eufemio) and Lots 9 & 10 of USS 3464 (Hartmut Reinmitz). Mr. Marmaduke in his staff report stated that the petitioners are requesting a special exception to extract approximately 80,000 cubic yards of rock from the above described properties in a period of approximately three (3) years. The petitioners have indicated their purpose and intent is to develop the above properties into buildable sites for residential dwellings. The properties are presently zoned unclassified and undeveloped. The Chairman opened the public hearing. FOR: Mrs. John Eufemio speaking for Or. Eufemio who is out of town. Dr. Eufemio and Mr. Jerry Briskie plan to excavate rock and redevelop the property into attractive home development as the property was an eyesore when it was bought. AGAINST Mr. Ed Kozak, owner of Lot 8 USS 3103, stated he lives directly across the lake from the property in question. He is opposed to the clear cutting of trees and removal of rock from this 10 acrea parcel. It is a prime residential area in line with sound planning. Past blasting has cracked thermal payne windows, foundation and heavy equipment ruins roads. He does not want a gravel pit in his back yard and feels that the Borough should protect the people,in the immediate area. MR. NICK SZABO lives one lot away from the area in question and would like the commission to review the previous agreement between the Borough and Mr. Grothe before considering any further exception in this area. MRS. ALEX lives within the immediate area and is against the petition. More blasting can only result in needless cutting of trees and scarring of the land. MR. LEW SCHNEIDER owner of a lot in USS 3103 AB has lived in the area since 1968 before roads were put in. He objects to uses being permitted in residential areas such as rock quarries, lumber mills, etc., Mr. HEINZ PASCHE questioned how a quarry was permitted in the area and asked if there are no quarantees of safe ways to proceed and, if not, is strictly against it. No action taken on this item, to be taken up again on March 16, 1978. Mr. Anderson moved to recess and meeting until tomorrow evening at 7:30 p.m. Mr. Baker seconded the motion. Motion passed unanimous roll call vote. IV. ADJOURNMENT The Chairman recessed the meeting at 12:15 a.m. until March 16, 1978. APPROVED Chairman ATTEST S cret I KIBS273026 PLANNING & ZONING COMMISSION OF March 15, 1978 RECONVENED ON MARCH 16, 1978 fi�d;�N�CiZ��3 The P & Z Commission Meeting was called to order by the Chairman, Dan Busch, in the Borough Assembly Chambers, at 7:30 p.m. This meeting is a continuation of the March 15, 1978, meeting. I L ROLL CALL PRESENT Mr. Ball Mr. Baker Mr. Anderson Mr. Erwin Mr. Pugh Mr. Busch ABSENT Mr. Perez (excused) A quorum was established. Mr. Milligan, Planning Director, was present, There were approximately 20 citizens in the audience. III. OTHER 1. Special exception for natural extraction, Lots 1 & 2, Blk, 6, Miller Point, Ak. Subd., and Lots 1 & 2, Blk. 10, Miller Point 1st Addn. (John Eufemio) and Lots 9 & 10, USS 3464 (Hartmut Reinmitz). Following the staff report, Mr. Milligan recommended the Commission postpone any action of this case until a worksession can be held to review all of the past & present activities associated with this site. Mr. Anderson moved to table Dr. Eufemio's request until the Commission can eet into a worksession and Dossiblv brine it back at the next reeular meeting. 2. Transportation (Element of of the Comprehensive Plan). Following the staff report, the Chairman opened the public hearing on Transportation. ►— DAVE HERRNSTEEN: Commented that existing roads on the map are not in the rights - of -way need to be developed. BRENT MACKIE: Feels there is not room for bike paths on Mill Bay road without relocating houses & businesses. Mr. Milligan replied that issue is addressed within the Park & Rec. element. Mr. Mackie stated that Lilly Lake has grandfather rights, and that people have been parking their float planes on Lilly Lake since before Alaska became a state. Feels that the property owners has the right to park his plane in Lilly Lake. The Chairman closed the hearing on the Transportation (Element of the Compre- hensive Play. 3. Community Facilities (Element of the Comprehensive Plan). Staff outlined the scope of this section. The Chairman opened the ,public hearing on the element. DAVE HERRNSTEEN: stated that he is all for all planning. He is concerned with growth. Feels there is a lot of controversy with sewer & water. Doesn't want sewer & water in the Monashka Bay area. Feels that people are not informed, wants worksession for public input. Also, feels that the Comprehensive Plan is being rushed. BRENT MACKIE: Doesn't want sewer & water facilities. No city water for Monashka Bay. Stated that if another water line goes in it will mean another assessment. NICK SZABO: Inquiaing as to the time table for final adoption of all of the Comprehensive Plan. Would like to see the pristine character of an area be retained. Asked what the Commission is going to do about this. Mr. Milligan replied the Comprehensive Plan will be done probably within 90 days. ERNIE KVASNIKOFF: Who lives in the Island Lake area is concerned with sewer facilities and confirmed that there are problems associated with cost of sewer system. KIBS273027 P & Z COMMISSION MEETING 3-16-78 continued RON ESCHETE: Stated it is his understanding that there is problem putting utilities in the highway and that the government doesn't allow this. Mr. Milligan replied there is usually no problem getting a permit from the State Highway Department to construct utilities within a state right-of-way. The Chairman closed the public hearing on Community Facilities. Mr. Pugh moved to table any action of the Transportation Element and the Community Facilities Elements of the Comprehensive Plan until the next regular meeting April 19, 1978. Mr. Anderson seconded the motion. Motion passed with unani roll call vote. Rezone Lots 12-18, Blk. 2 and Lots 9-16, Blk. 3, Allman Subd., from R-1 to business (Bertha Pratt). Mr. Pugh moved to bring from the table the applica by Bertha Pratt to rezone Lots 12-18, Blk. 2 and Lots 9-16 Blk. 3 Allman S from R-1 to business, that was tabled on October 19 1977. Mr. Perez second the motion. Motion passed with unanimous roll call vote. Following staff report, the Chairman reopened the public hearing. BOB LEGGET: spoke on behalf of the petitioner and concerning the proposed development. Following considerable discussion, Mr. Ball moved that the Commission postpone the case not to exceed 45 days, during that time the Commission will meet with the developers. Mr. Anderson seconded the motion. Motion passed with 5 YES and 1 NO, with Mr. Busch casting the NO vote. V. PUBLIC HEARINGS - continued 1. Special Exception for Group Housing. Lots 5-A, Blk. 1, USS 2910, (Tom & Mary Gallagher). This case has been appealed to the City Council for the City of Kodiak seated as a board of adjustment. A more complete records is being prepared. 2. Economy, Population and Community Development and Capacity Constrains on Development. Following the staff report, the Chariman opened the Public Hearing. IVAN WIDOM: Due to a lengthy report on these two elements Mr. Widom was requested by the Commission, to present the City's comments reguarding the Comprehensive Plan. Following considerable discussion, Mr. Ball moved to postpone action on Econ Population and Community Development and Capacity Constraints on Development Mr. Baker seconded the motion. Motion passed with unanimous roll call vote. VI. ADJORNMENT Mr. Anderson moved to adjourn this meeting. Mr. Ball seconded the motion. Motion passed with unanimous roll call vote. The Chairman adjourned the meeting at 12:10 a.m. G";IViDi Chairman ATTEST KIBS273028